Under Pennsylvania law, you may be facing jail time for simply possessing a gun or using a gun while committing a crime. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us if you have been charged with guns or weapons charges to start working on the defense of your case as soon as possible.
Weapons and Gun Charges Lawyer in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania
Pennsylvania includes weapons offenses among the crimes that require a mandatory sentence. If a gun was allegedly used when you committed a crime, your sentence will be significantly increased if you are convicted. For example, if you were arrested for felony Possession with the Intent to Deliver and have a gun, 50 months will be added to your sentence if convicted. If you are charged with selling even a small amount of drugs, you are now facing 5 to 10 years incarceration if convicted.
Gun Charges and Assault, Burglary, Robbery, Theft, DUI and Drug Offenses
Gun charges do not only impact drug offenses. If it is alleged you caused or attempted to cause bodily injury with a deadly weapon, the assault charges will be increased to an Aggravated Assault. If you have been convicted of a felony, such as Aggravated Assault, Burglary, Robbery, or some Theft offenses, you are prohibited from possessing or using a gun, and to do so is a Felony of the second degree. Additionally, you may not possess a gun if you have been convicted of offenses such as multiple DUIs, drug offenses that may be punishable by a term of imprisonment of more that 2 years, or are the subject of an active PFA order.
Defenses to Gun and Weapons Charges
There are several strategies that can be used to defend weapons charges. Perhaps the most effective is to file a Motion to Suppress the firearm or gun to be used as evidence against you on the grounds of illegal search and seizure. This is a fact-sensitive analysis, with a thorough investigation into some of the following questions:
- Did the police search your home or car after your arrest and find a gun or other firearm?
- Were the narcotics found near a gun in the car?
- Were you secured in a police car when the police searched your car and found the gun or weapon?
- Did you make any furtive movements in the car while the police walked up to the car windows?
- Did you know there were guns or firearms in your home when they were found?
- Do you face more serious drug charges because you allegedly used a gun when you committed the drug offense?
- Did you own the drugs and/or guns or did they belong to a family member or roommate?
- Were the drugs and/or guns found in an illegal search of your home or car?
An arrest for gun or weapons is very serious. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us for a free consultation about your case.